The Use of Alcohol and/or Drugs in Intimate Partner Homicide: Themes in Judges' Sentencing Remarks

This article presents the results of a major theme arising out of a grounded theory analysis of judges' sentencing remarks for males and females sentenced for intimate partner homicide in Australia between July 2009 and June 2014. Specifically, this article focuses on judges' commentary regarding the use of alcohol and/or drugs as a contributing factor to the offending. The qualitative data indicate that despite the seriousness of the offence, sentencing judges often fail to attribute with clarity a sufficient degree of responsibility to male offenders for their voluntary consumption of alcohol and drugs and their subsequent violent behaviour. Additionally, judges attributed more blameworthiness to non-Aboriginal female offenders, who they believed were unable to take control of their dysfunctional lives whilst in an alcohol or drug-induced state.